[Federal Register: January 7, 1998 (Volume 63, Number 4)]
[Rules and Regulations]
[Page 692-694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja98-21]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD06
Endangered and Threatened Wildlife and Plants; Endangered Status
for Brother's Island Tuatara
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final Rule.
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SUMMARY: The Service determines endangered status for the Brother's
Island tuatara (Sphenodon guntheri), a reptile of New Zealand. Although
already legally covered by an endangered classification, this species
previously was considered part of the related and more widespread
tuatara, Sphenodon punctatus. Both species are threatened by various
factors, especially predation from introduced rats. This rule continues
the protection of the Endangered Species Act of 1973, as amended (Act),
for the Brother's Island tuatara.
EFFECTIVE DATE: February 6, 1998.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, from 8:00 a.m. to 4:00 p.m., Monday through
Friday, in Room 750, 4401 North Fairfax Drive, Arlington, Virginia
22203. Express, messenger-delivered, and regular mail should be sent to
the Office of Scientific Authority at this same address.
FOR FURTHER INFORMATION CONTACT:
Dr. Charles W. Dane, Chief, Office of Scientific Authority at the above
address (phone 703-358-1708; FAX 703-358-2276).
SUPPLEMENTARY INFORMATION:
Background
Tuataras are a unique group of lizard like reptiles now restricted
to New Zealand and represented by the single genus Sphenodon. Because
of excessive human hunting and predation by introduced animals,
especially rats, tuatara are now found only on various small island off
the coast of the two main islands of New Zealand. For many years, the
prevailing view among zoologists was that the living tuataras
represented only the single species Sphenodon punctatus, and that was
the only species on the U.S. List of Endangered and Threatened Wildlife
(June 2, 1970; 35 FR 8495).
A recent paper (Daugherty. C.H., A. Cree, J.M. Hay, and M.B.
Thompson, 1990. ``Neglected taxonomy and continuing extinctions of
tuatara.'' Nature: 347:177-179) pointed out that, based on a
morphological and genetic analysis, a second species. S. guntheri.
survived on North Brother Island in Cook Strait. S. guntheri actually
had been first described in 1877, but over time had come to be regarded
as just a component of S. punctauts. The population of tautara on North
Brother Island was known at the time that S. punctatus was listed as
endangered pursuant to the Act and was considered to be a population of
S. punctatus. The recognition of S. guntheri as a distinct species may
provide it with increased conservation attention, thereby helping to
ensure its continued survival on the one small island from which it is
known. This listing also will reduce the likelihood of someone assuming
that the species is not protected and perhaps unintentionally illegally
trading in the species.
The above technical paper explaining the status of S. guntheri was
only recently brought to the attention of the U.S. Fish and wildlife
Service (Service) through the kindness of Ms. Cheri L. Hosley of
Brownstown, Michigan. Subsequently, the Service contacted several
authorities, who supported recognition of S. guntheri as a distinct
species, and also the Government of New Zealand, which responded
favorably. Finally, the World Conservation Union's 1996 IUCN Red List
of Threatened Animals designates S. guntheri as a full species, with a
classification of vulnerable.
The above information persuaded the Service of the need to
distinguish S. guntheri as a separate species on the List of Endangered
and Threatened Wildlife and to classify it as endangered, together with
S. punctatus. A proposed rule to such effect was published in the
Federal Register of January 26, 1995 (60 FR 5159-5162). All interested
parties were requested to submit information that might contribute to
development of a final decision. A cable was sent to the United States
Embassy in New Zealand, requesting new data and comments of the
Government of New Zealand, which again responded favorably. No other
responses were received. It is emphasized that the reptiles included
within the originally listed taxon S. punctatus (now divided into S.
punctatus and S. guntheri) were already legally covered by an
endangered species classification and will remain so
[[Page 693]]
under this rule. This rule does not impact or otherwise change the
status of either species and does not affect the kinds of activities
that are permitted or prohibited. It is intended to eliminate confusion
by bringing the listing status of the species into conformity with
current taxonomy.
Summary of Factors Affecting the Species
After a thorough review and consideration of all scientific and
commercial information available, the Service has determined that the
Brother's Island tautara should be classified as endangered. Section
4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and
regulations (50 CFR part 424) promulgated to implement the listing
provisions of the Act were followed. A species may be determined to be
endangered or threatened due to one or more of the following five
factors described in Section 4(a)(1). These factors and their
application to the Brother's Island tauatra (Sphenodon guntheri) are as
follows (information from Daugherty et al. 199, as indicated above):
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Sphenodon guntheri is known only from North Brother Island in Cook
Strait, New Zealand. The island has an area of only about 10 acres (4
hectares), and the tuatara population is restricted to only about 4.2
acres (1.7 hectares) of scrub habitat on top of the island. The
population consists of fewer than 300 adults. Introduced rats, rabbits,
goats, and other animals have damaged habitat of other tuatara
populations and could potentially do the same on North Brother Island.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Not currently known to be a problem. However, automation of the
island lighthouse in 1990 led to departure of the resident keepers who
had deterred illegal landings and poaching for 123 years. The very
small tuatara population could thus be vulnerable to human hunting and
harassment.
C. Disease or Predation
Predation by introduced rats, dogs, cats, and pigs have been severe
problems for other tuatara populations. Deliberate or accidental
introduction of even a few such animals on North Brother Island could
be disastrous for the tiny tuatara population there. Departure of the
lighthouse keepers and failure to recognize S. guntheri as a unique
species warranting special conservation attention could open the way
for such a disaster.
D. The Inadequacy of Existing Regulatory Mechanisms
Although all tuataras have long received complete legal protection,
there has been no recognition of separate, highly restricted species or
subspecies, such as S. guntheri, that might require special protection
and management to survive. The departure of the lighthouse keepers from
North Brother Island in 1990 has made S. guntheri especially vulnerable
in this regard.
E. Other Natural or Manmade Factors Affecting its Continued Existence
Small and restricted animal populations, especially if adversely
affected through human activity, are highly susceptible to natural
disasters and to reduction of genetic viability.
The decision to determine endangered status for the Brother's
Island tuatara was based on an assessment of the best available
scientific information, and of past, present, and probable future
threats to this species. It occurs in very small numbers in a highly
restricted range and is vulnerable to a variety of problems. If this
reptile is not given appropriate recognition and protection, extinction
will become more likely. Critical habitat is not being determined, as
such designation is not applicable to foreign species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened pursuant to the Act include recognition, requirements for
Federal protection, and prohibitions against certain practices.
Recognition through listing encourages conservation measures by
Federal, international, and private agencies, groups, and individuals.
Section 7(a) of the Act, as amended, and as implemented by
regulations at 50 CFR part 402, requires Federal agencies to evaluate
their actions that are to be conducted within the United States or on
the high seas, with respect to any species that is proposed or listed
as endangered or threatened and with respect to its proposed or
designated critical habitat (if any). Section 7(a)(2) requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of a listed
species or to destroy or adversely modify its critical habitat. If a
proposed Federal action may affect a listed species, the responsible
Federal agency must enter into formal consultation with the Service. No
such activities are currently known with respect to the species covered
by this rule.
Section 8(a) of the Act authorizes the provision of limited
financial assistance for the development and management of programs
that the Secretary of the Interior determines to be necessary or useful
for the conservation of endangered species in foreign countries.
Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage
conservation programs for foreign endangered species and to provide
assistance for such programs, in the form of personnel and the training
of personnel.
Section 9 of the Act, and implementing regulations found at 50 CFR
17.21, set forth a series of general prohibitions and exceptions that
apply to all endangered wildlife. These prohibitions, in part, make it
illegal for any person subject to the jurisdiction of the United States
to take, import or export, ship in interstate commerce in the course of
commercial activity, or sell or offer for sale in interstate or foreign
commerce any endangered wildlife. It also is illegal to possess, sell,
deliver, transport, or ship any such wildlife that has been taken in
violation of the Act. Certain exceptions apply to agents of the Service
and State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife under certain circumstances. Regulations
governing such permits are codified at 50 CFR 17.22. Such permits are
available for scientific purposes, to enhance propagation or survival,
or for incidental take in connection with otherwise lawful activities.
In addition, regulations on general permit procedures and on the
importation, exportation, and transportation of wildlife are codified
at 50 CFR parts 13 and 14.
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act of
1969, need not be prepared in connection with regulations adopted
pursuant to Section 4(a) of the Endangered Species Act, as amended. A
notice outlining the Service's reasons for this determination was
published in the Federal Register of October 25, 1983 (48 FR 49244).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to
[[Page 694]]
contain no information collection requirements.
Author: The primary author of this rule is Ronald M. Nowak,
Office of Scientific Authority, U.S. Fish and Wildlife Service,
Washington, D.C. 20240 (phone 703-358-1708).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is hereby amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.11(h) is amended by revising the entry for
``Tuatara'' under REPTILES and adding an entry for ``Tuatara, Brother's
Island'' to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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* * * * * * *
REPTILES
* * * * * * *
Tuatara.......................... Sphenodon punctatus. New Zealand........ Entire............. E 3. __ NA NA
Tuatara, Brother's Island........ Sphenodon guntheri.. New Zealand (N. Entire............. E 3. __ NA NA
Brother Is.).
* * * * * * *
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Dated: October 30, 1997.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-246Filed 1-6-98; 8:45 am]
BILLING CODE 4310-55-M